9911796707
TMI Blog2019 (2) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments will be found in the paper book” amounts to dealing with the matter very cursorily. The factum of sale/acquisition of the machines has to be proved legally in terms of payment of consideration, date of delivery, passing of property, the terms and conditions of contract etc. The installation of the assets has also to be established in a like manner. In our opinion, such absence of reasons on a factual issue in the order of the tribunal which is the final authority on facts is itself a substantial question of law from which an appeal lies to the High Court under Section 260A of the Income Tax Act. Otherwise, a party would be deprived of remedy. That part of the order of the tribunal dealing with additional depreciation is set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation on acquisition and installation of machines to be made after 31st March, 2002. That is to say the machines had to be acquired and installed on 1st April, 2002 and thereafter in the Previous Year 2002-2003 of which the relevant Assessment Year was 2003-2004. According to the Commissioner of Income Tax, Kolkata-III in the order dated 27th March, 2007 the additional depreciation of ₹ 5,61,23,019/- was wrongly allowed to the assessee. The machines according to her were purchased before 31st March, 2002 but installed after 31st March, 2002. The appeal went to the tribunal. It came to a wholly contrary view in its order dated 30th October, 2007. The material part is set out below:- ...............The ld. CIT in this case ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, passing of property, the terms and conditions of contract etc. The installation of the assets has also to be established in a like manner. In our opinion, such absence of reasons on a factual issue in the order of the tribunal which is the final authority on facts is itself a substantial question of law from which an appeal lies to the High Court under Section 260A of the Income Tax Act. Otherwise, a party would be deprived of remedy. That part of the order of the tribunal dealing with additional depreciation is set aside. The tribunal is directed to re-hear the parties on the above issues and pronounce a fresh order within 6 months from the date of communication of this order. Certified photocopy of this order, if applied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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